Kentucky Attorney General - Charities


Please Note

We are a service company that can help you file with the Kentucky Attorney General - Charities. We are not associated with this nor any other government agency. We offer paid services and software to help you file. You are not required to purchase our service to file - you may file directly with this agency without using our service.


Contact Information

Mailing address:
700 Capitol Avenue
Suite 118
Frankfort, KY 40601

Phone: 502-696-5300

Web: Home Name search

Licenses

We track the following licenses with the Kentucky Attorney General - Charities in order to provide compliance services to our clients. As a client, you see this and other reference data in License Manager in-line with your licenses.

A laptop placed on a desk with our License Manager software on display

Kentucky Charitable Solicitation Registration

Agency:Kentucky Attorney General - Charities
Law:

Kentucky Revised Statutes Ann. § 367.657

Foreign Qualification is Prerequisite:No
Registered Agent (Special Agency) Required?Yes
Fact Checked:6/17/21

Automatic Exemption

Exemption Eligible Organizations:
  • Solicitations by an organization of contributions from its members and their families only, if membership is not included in a solicitation, is not granted upon the basis of contributions alone, and is within the exception of KRS 367.650(3)
  • Solicitations by a religious organization for funds for religious purposes such as maintenance of a house of worship, conduct of services, and propagation of its faith and tenets as distinguished from other charitable and civic purposes employed by nonreligious organizations
  • Solicitations by a publicly-owned or nonprofit privately-endowed educational institution regulated by the Kentucky Board of Education, the Council on Postsecondary Education, or an equivalent public authority of the jurisdiction where the institution is located, from the alumni, faculty members, student body of the institution and their families, and from corporations, for the continuance of an established educational program
  • Local solicitations by a student group or parent-teacher association for its campus or group connected activities with the approval of the administration of the educational institution
Law:

KRS § 367.660

Fact Checked:1/8/20

Initial Registration

Form:

There is no prescribed form, instead file the required attachments in the mail. If your 990 is not available the URS can be filed instead.

Filing Method:

Mail

Agency Fee:

$0

Turnaround:

4-6 weeks

Before you Apply:

All Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • If filing the URS, appoint a registered agent to receive legal documents in Kentucky.
  • Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.
How to Apply:

Domestic Applicants:

  1. File entity formation documents with the Kentucky Secretary of State.
  2. Submit the documents listed in the required attachments section, or a URS if your 990 is not available, to the Kentucky Attorney General - Charities Section.

Foreign Applicants:

  1. Determine whether or not your charity will need to foreign qualify based on your activity in Kentucky. If not required, skip to number 3.
  2. File foreign qualification documents with the Kentucky Secretary of State.
  3. Submit the documents listed in the required attachments section, or a URS if your 990 is not available, to the Kentucky Attorney General - Charities Section.
Required Attachments:

  • IRS form 990
  • Articles of incorporation
  • Bylaws
  • IRS determination letter
Fact Checked:4/14/20

Registration Renewal

Agency Fee:

$0

Due:

If the URS is filed, then registration expires annually on December 31, otherwise it is due annually by 4 months and 15 days after the organization's fiscal year end.

Due Date Extension:

Due dates are automatically extended for 180 days beyond the original due date, however, charities should file a copy of their IRS form 8868 when submitting their 990 if an IRS extension was granted.

Notes:

Simply file your IRS Form 990 with the Kentucky Attorney General at the same time as you file it with the IRS. If your nonprofit does not file Form 990, either file IRS Form 8868 or the URS each year.

Required Attachments:

  • IRS form 990
Fact Checked:2/4/20

Change of Fiscal Year

Agency Fee:

$0

Notes:

File the new 990 showing a change in fiscal year.

Fact Checked:12/7/18

Cancellation

Agency Fee:

$0

Notes:

To close out your registration charities that are not associated with a professional solicitor contract/campaign or fundraising consultant contract, the charity can simply not submit the next IRS form 990. Alternatively the charity could submit on letterhead the date they wish to withdraw from soliciting in Kentucky.

Fact Checked:7/14/20

“Fundraising consultant” means any person who, for compensation, plans, manages, advises, consults, or develops material for or with respect to the solicitation for any charitable organization. A fundraising consultant shall not, at any time, have custody of contributions from a solicitation or solicit contributions, directly or indirectly. If a fundraising consultant’s fee is related to the amount of contributions received from a solicitation in which he took part, the consultant is considered a professional solicitor. A fundraising consultant shall not employ, procure, or otherwise engage any compensated person to solicit contributions. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be a fundraising consultant, unless he is employed or engaged as a fundraising consultant or a professional solicitor by another charitable organization.

Kentucky Fund-Raising Consultant Registration

Agency:Kentucky Attorney General - Charities
Law:

KRS § 367.652

Registered Agent (Special Agency) Required?Yes
Fact Checked:7/5/18

Initial Registration

Form:

Fund-Raising Consultant Registration Statement

Agency Fee:

$50

Notarize:Required
Before you Apply:
  • List names and addresses of the charitable organizations that you have contracts with or have had contracts with in the last year
  • Names and addresses of all charitable organizations receiving contributions in Kansas as a result of your work
  • Names, home addresses, titles or relationships to the business of all partners, partner firms, corporate officers, directors, and other firm representatives, including employees and independent contractors
  • Report the names of all individuals who have been contracted as a fundraiser in the past. 
  • The names of all individuals who have worked for professional fundraisers or fundraising consultants with a firm in the past
  •  
Required Attachments:
  • Registration Statement
  • Copies of Contracts
  • Complete background investigation forms
  • Background investigation fees
Fact Checked:7/5/18

Registration Renewal

Form:

Fund-Raising Consultant Registration Statement (Renewal)

Agency Fee:

$50

Due:

Annually by December 31.

Notarize:Required
Fact Checked:7/5/18

Contract Filing

Form:

Fund-Raising Consultant Form 4: Contract Registration Coversheet

Agency Fee:

$0

Due:

At least 14 calendar days prior to the performance of any service pursuant to the contract, a fundraising consultant must file with the Attorney General a copy of the contract.

Fact Checked:9/11/20

Amendment

Agency Fee:

$0

Due:

Changes to the information submitted on the registration statement must be reported within 7 calendar days after the changes occur.

Fact Checked:9/11/20

Kentucky Individual Professional Fundraiser Registration

Not required



Professional Solicitor licensure is not required on the State level in Kentucky.

The criminal history check section of the professional solicitor application applies to individual solicitors, however, no license is issued for individual employees.

More information: Kentucky Attorney General - Charities

Kentucky Professional Solicitor Registration

Agency:Kentucky Attorney General - Charities
Law:

KRS § 367.652

Bond Requirements:

$25,000

Fact Checked:8/7/19

Initial Registration

Form:

Professional Solicitor Registration Statement

Agency Fee:

$300

Before you Apply:
  • Campaign details
    • Give the distribution of funds from the gross revenue of this promotion for each of the parties in the agreement. Totals are the same as shown in the contract and must equal 100%
    • Provide projected dates for this solicitation
    • Information regarding custody or control of the contributions
    • Bank account information for each bank account where receipts from the campaign are to be deposited
    • A description of the solicitation campaign or event
    • Methods of solicitation
    • A listing of each location and telephone number from which the solicitation will be conducted
    • A list of legal names and residential addresses for those who are responsible for directing and supervising the conduct of the campaign and each person who is to solicit by telephone during the campaign. (Ensure that all have had a criminal records check before calls are made into this Commonwealth)
    •  List the names and addresses of any chapters, branches, or affiliates of the charitable organization or other persons who will share the contributions or will benefit in any way from this campaign.
Required Attachments:
  • Articles of incorporation and bylaws
  • Licensing agency request form - one form for each person requiring a background check 
    • If submitting five (5) or more forms, please use the spreadsheet and submit electronically by CD or email. 
  • Compiled financial statement of the total profits, revenue from all fundraising activities of the last completed fiscal year per KRS 367.652(4)(f). 
  • Copies of any advertising materials prepared for public distribution by any means of communication
  • Copies of written materials that have been or will be delivered to prospective donors whether by mail or in person including brochures, envelopes, receipts, forms, acknowledgments, etc. 
  • Copies of sales scripts used in telephone or person-to-person solicitations. 
  • Copies of all written contracts between the professional solicitor and the charitable organization on whose behalf you are soliciting
  • Copies of the agreement permitting the solicitor to use the charity’s name in the solicitation
  • Letters of authorization from other organizations who will benefit from the promotion e.g. Groups that may receive free tickets or other considerations as a result of the promotion
Bond Amount:

 $25,000

Fact Checked:12/15/16

Registration Renewal

Form:

Professional Solicitor Registration Statement (Renewal)

Agency Fee:

$300

Due:

Annually by December 31.

Fact Checked:12/15/16

Contract Filing

Form:

Professional Solicitor Form 5: Promotion Registration Statement

Agency Fee:

$0

Due:

File a promotion registration statement at least 14 days prior to the start of the performance of the contract.

Notarize:Required
Fact Checked:8/1/19

Financial Reporting

Form:

Professional Solicitor Form 6: Professional Solicitor Campaign Financial Report

Agency Fee:

$0

Due:

Within 90 days after a campaign has ended and on the anniversary of commencement for campaigns lasting more than a year.

Fact Checked:8/5/19

Amendment

Agency Fee:

$0

Due:

Changes to the information submitted on the registration statement must be reported within 7 calendar days after the changes occur.

Fact Checked:9/11/20

Related Government Agencies

Explore other Kentucky government agencies we can help you stay compliant with:


Order Registered Agent Service

In my opinion, their "Human Touch" element is what really makes this company stand out! I wouldn't go anywhere else!
JanaeLaw Offices of Donald W. Hudspeth, PC
It's awesome to know that Harbor Compliance is looking out for my customers' best interests and will only do what's right for them.
RyanFOUR16 CPA
© 2012 - 2021 Harbor Compliance. All rights reserved. Harbor Compliance does not provide tax, financial, or legal advice. Use of our services does not create an attorney-client relationship. Harbor Compliance is not acting as your attorney and does not review information you provide to us for legal accuracy or sufficiency. Access to our website is subject to our Terms of Use and Service Agreement.